Other conditions decisions — 2002

The veteran's left foot drop is not proximately due to or the result of his service-connected postoperative herniated nucleus pulposus (L4-5) with arachnoiditis. The VA has compensated him for this condition at the highest rate provided by the VA Schedule for Rating Disabilities.

The Board found that the veteran's hallux valgus, metatarsalgia, calcaneal spurring, arthritis, and callous formation of each foot do not meet the criteria for a higher rating under any applicable diagnostic code.

The VA denied the appellant's claim for service connection due to memory loss, attributing it to a known condition not related to his military service.

The Board found that the veteran's arthritis of multiple joints and bone degeneration were not incurred in or aggravated by active service, nor may they be presumed to have been incurred or aggravated therein. The claim was denied as there is no legal entitlement to service connection for these conditions on a presumptive radiation basis.

The Board found that the veteran's service-connected post-operative Haglund's deformity of the right foot with Achilles tendonitis is manifested by tenderness and pain, but normal range of motion. The disability does not meet the criteria for a higher rating.

The appellant's income exceeded the maximum allowable for a surviving spouse with no dependents in 1998 and 1999, thus denying her entitlement to nonservice-connected death pension.

The Board has determined that the veteran does not have a current disorder of the left lower extremity due to in-service symptomatology or pathology, and therefore denied his claim for service connection.

The veteran's claim for an increased rating in excess of 30 percent for onychomycosis of the toes was denied, as the condition did not meet the criteria for a higher rating.

The Board denied the veteran's claim of service connection for a dental condition due to trauma, finding no evidence that his current dental condition is related to service.

The Board denied an increased rating for the veteran's service-connected gastrointestinal disability, finding that the evidence did not show a higher degree of impairment warranting a schedular evaluation in excess of 60 percent.

The Board denied reopening the veteran's claim for service connection due to lack of new and material evidence, finding that submitted records were either duplicative or did not relate to a disability manifested by diarrhea.

The Board has determined that the veteran's residuals of a shell fragment wound of the right upper arm warrant a 10 percent rating, as there is no evidence of significant limitation of motion or other service-connected conditions.

The Board found no evidence of a chronic gastrointestinal disorder or right leg injury residuals that originated during active service. The veteran's peptic ulcer disease was not shown to have been incurred within one year of separation from service.

The veteran's actinic keratosis, a skin condition, was found to have been incurred in service. The issue of service connection for an eye disorder is pending and not addressed by the decision.

The veteran is granted a 100 percent disability rating for his service-connected non-Hodgkin's lymphoma since September 10, 2001.

The Board has denied the veteran's petition to reopen his claim for service connection for a back condition and has also denied his claim for a compensable rating for bilateral hearing loss. The evidence submitted did not meet the criteria for reopening the claim or for assigning a compensable rating.

The Board has determined that the veteran's current eye and ear conditions are not related to his military service, including a right eye injury in September 1965.

The Board found that the veteran's bilateral claw toe deformity pre-existed service and was not aggravated by active duty. Therefore, the claim for service connection is denied.

The Board of Veterans' Appeals (Board) has denied the veteran's application to be declared competent to handle disbursement of funds for VA benefit purposes, finding that he does not have the mental capacity to manage his own affairs without limitation.

The VA determined that there is no evidence of nicotine dependence, and thus denied the veteran's claim for service connection.